Law:

Section:

Punjab Civil Servants (Efficiency and Discipline) Rules, 1999-------Rr. 3 & 4(1)(a)(ii)---Punjab Civil Servants Act (XIII of 1974), S.21---Punjab Civil Servants Pension Rules, 1955, R.1.8---Imposition of penalty of withholding of pension---Penalty of withholding of pension was imposed upon appellant after issuing him show-cause notice and holding inquiry against him on allegations that he made certain irregular appointments of teachers and had awarded P.T.C. regular grade on basis of forged and bogus P.T.C. result card and also drawing amount as loans against T.A./D.A. bills and had not refunded same---Show-cause notice was served on appellants after more than three years of his retirement---Under R.1.8 of Punjab Civil Servants Pension Rules, 1955 if any order regarding withholding of pension or any part of it was issued to concerned person, he would be given opportunity to vindicate his position---Authorities, in the present case, had withheld amount of pension without recording any reason and giving finding in favour of appellant---Since matter was sub judice in High Court it could not be said that appellant had embezzled amount---Element of embezzlement was baseless because authorities on record had not proved any aspect of embezzlement---Only irregularity committed by appellant was charging of amount under wrong head of account---Authority should have probed the matter through regular process of inquiry when appellant was in service, but proceedings were started against him after 3 years of retirement---Authorities having no case of withholding pension of appellant, impugned order of Authorities, was set aside. Pervaiz Inayat Malik for Appellant. Nemo for Respondents. Date of hearing, 13th December, 2006. JUDGMENT K.B. ABID (MEMBER-II).---Brief facts of the case are that appellant Mirza Muhammad Iqbal Ex-Headmaster Government High School, Narowal was served a show-cause notice on 29-3-2002 by Additional Secretary Education Department containing the following irregularities: (i) He had irregular appointments of Messrs Qurban Ali and Waheed Akram, PTC teachers, hi Government P.S. No.II Badomalhi and Government Maktab School Padial, respectively. Although…

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